Practice and Procedure | ABI

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Benchnotes September 2022

Bankruptcy Code

11 U.S.C. § 362

Topic Tags

Administrative Expense Claims

Plan Confirmation

Practice and Procedure

The PBGC Isn’t a ‘Triggering Creditor’ for a Section 544(b) Suit by a Trustee

If the government isn’t suing on a claim originally owing to the U.S., a trustee can’t use the six-year statute of limitations in the FDCPA.

Court :

North Carolina Western District

Litigation Skills

Topics

Bankruptcy Litigation

Practice and Procedure

Links

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Courts Disagree on a Trustee’s Ability to Use the IRS’s Longer Statute of Limitations

Two or three years from now, the Tenth Circuit may have a chance to agree or disagree with the Fifth Circuit on an important question under Section 544(b).

Court :

Harmonizing § 503(b)(1) and (b)(9) to Provide Comfort and Clarity

Bankruptcy Code

Topic Tags

Administrative Expense Claims

Bankruptcy Litigation

Creditors' Committee

Practice and Procedure

Business Reorganization

Unsecured Trade Creditors

Monday, August 1, 2022

Article Tags

Corporate Governance

Court Administration

Practice and Procedure

Professional Compensation/Fees

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A Judgment for Punitive Damages Might Not Support Nondischargeability Automatically

Jury instructions and a special verdict form can determine whether issue preclusion automatically results in nondischargeability.

Court :

Texas Southern District

A Conversation About Mental Health and the Practice of Law

Bankruptcy Code

Topics

Practice and Procedure

Links

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Skills: Involuntary Bankruptcy Cases

Bankruptcy Code

Topics

Bankruptcy Litigation

Practice and Procedure

Business Reorganization

Links

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“40 Under 40” Panel: Practical & Ethical Pitfalls in a Post-COVID World

Bankruptcy Code

Topics

Practice and Procedure

Links

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